The prosecutor's appeal is dismissed.

1. In light of each of the statements in the victim, J and K investigation agency and the court below's decision, the defendant can be found to have inflicted bodily injury on the victim as in the facts charged of this case together with C, D. Thus, the judgment of the court below which acquitted the defendant, even if the facts charged of this case are found guilty, is erroneous in the misunderstanding of facts.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence submitted by the prosecutor alone based on the following facts and circumstances alone is insufficient to recognize that the Defendant inflicted injury on the victim jointly with C and D, and that there is no other evidence to acknowledge this differently.

1) In a case where the investigative agency violated the procedure prescribed in Article 244-4(3) and (1) of the Criminal Procedure Act by failing to record the investigation process conducted by a person other than the defendant as a written statement prepared in the course of an investigation, barring any special circumstance, the written statement cannot be admitted as admissible because it cannot be prepared in the course of an investigation in accordance with the “legal procedure and method” (see Supreme Court Decision 2013Do3790, Apr. 23, 2015). (2) The written statement of the evidence I and J may not be admitted as admissible, on the ground that it is insufficient to prove the facts charged, and each written statement of the written statement of the confirmation of the occurrence of the case is written by the police officer who is aware of the facts of the offense against the defendant, etc. and the statement of the relevant person at the scene, except for the part of the statement by the relevant persons during the examination report of the case.

Each image of field photograph, I damage photograph, and C damage photograph is a photograph taken by the scene of the case and the accused, victim, etc. immediately after the occurrence of the case, and each description of the injury diagnosis document (No. 39,40,70 pages of evidence) is about the part and degree of the injury suffered by the victim and C, and the statement of criminal records is written.